Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-11-26
THE SUPREME COURT.
THB sYLLABUSEs OF TWO IMPORTANT DB,
CISI0NS
In Gases Of State vs.. Richards and Moran vs. Ohark
AS 10 the Act Of 1885 - DiSGiminat-
ing Between Home and Foreign
Manufacturers
Special telegram to The Register.

manifested IN TWO recent DECISIONS Oh INC
Supreme Court, viz: State vs.. Richards,
from Wood county, and Moran vs.. James
Clark, ct al, from Mineral county.
In State vs.. Richards the erroneous i'm
preston has gone abroad that the Court
decided the statute of 1885 was unconsti-
tutional. The act Of 1885 was in violation
of the Constitution of the United States.
1t Disseminated as between the home
manufacturer and manufacturers outside
OF the State. The LEGISLATURE of 1887
amended the defect in the act Of 1885,
which Disseminated between the foreign
and home manufacturer, By the repeal oi
that part of the clause repuguant to the
United States Constitution. The syllabus
in the case is appended:
THE SYLLABUS IN FULL.
q. State of W. Va. vs.. J. A Richards, from
Woods county.
1. An indictment need not negative a
proviso which withdraws particular case
from the operation of a statute creating d
misdemeanor, for the claim that party in.
dicted comes within this proyisO is q mat.
ter of defense.
2. The provision in the concluding para.
graph Of section 2, chapter II, of Acts 1885
D. 80, which is, "Nor shall any agent trav'
cling with one or more horses sell any
lightning rods, sewing machine or organ,
or other musical instrument without
State license therefor" is quail.
fled by the provision in section
four of this act, which says: 'Nor shall
any company or person engaged in manu-
featuring goods in this State be required tc
pay license as peddler for selling such
goods, either by himself or such agent. u
As by the true construction Of them an
agent of manufacturer in this State could
travel about in any manner and sell any
sort OF goods Of his principal manufactured
in this State without State license, there
fore.
3. This concluding paragraph in this
second section of this act is rendered vio'
lation Of the Constitution of the United
States by this provision in the fourth sec,
ton of the act
DISCRIMINATING IN THE STATE
taxation against goods manufactured in
other States.
There ia also wrong idea pre-
valent concerning the real scope of the
decision in the case Of Moran VS.. Clark,
OF Mineral county. The Court merely
decided that the sale of homestead under
q deed of trust or mortgage is not forced
sale within the meaning of the COnstitu-
tion, which declares that a homestead
shall be exempt from 'forced SALE"
Cornelius Moran vs. Jas. Clark ct al
from Mineral county; opinion by Johnson.
/. The people in their Constitution, as far
as future debts may effect it, have the
right to provide for any sort Of a home
stead, guarded as they please, subject to
or without restrictions, to prohibit the
owner of the homestead from incumbeT-
iugit or 10 permit il TO be done. That
Unrestricted by the Constitution the Leg.
islature has the same power.
2 Where there is neither COustitu-
tiOnal or statutory prohibition as incident
to right of ownership, the
OWNER OF THE HOMESTEAD
may sell or incumber it, and such sale or
incumberance will be as valid as if the
property had not been set apart as home
stead.
3. The sale of homestead under deed
of trust or under decree Of foreclosure of
mortgage thereon is not forced salt" "
within the meaning of the Constitution,
which exemptsa a homestead from forced
sale"
4. Under the Constitution of the State
and chapter 1873 of Acts Of 1872 3, the
vendor of the homestead set apart may un-
ter the statute execute valid deed of
trust on such homestead.
3. II is difficult to lay down general
rule as to when court will or will not re-
fuse to confirm a judicial sale, as its exer-
else of discretion in this matter must in q
great measure depend upon the circum-
stances OF each case.
o. When there had been two sales of
real property, one under q deed Of trust
and the other at a judicial sale, made not
far from each other in point of time, both
sales at $1,000, and affidavlts were filed
stating that the property was worth at
the time the affidavits were taken from
S., 900 to So, 500, and atlantis believe that
in the near future said property could be
SOLD FOR AN ADVANCE
of $500 to 200 over the price of 81, 900
for which it sold, and another affidavit
showed it sold for fair price, this Court
refused on the mere gronnd of inadequacy
to set aside the sale.
Z. The Appellate Court will not reverse
decree unless it is to the pref iudice of the
appellant.
COURT REPORTS.
It would seem that in this age Of im.
proved methods for transacting business, il
behooves the Supreme Court Of this State
to take some steps to bring about an early
publication of their opinions. Many OF
the lawyers Of the State have dropped the
official report, and are taking the Southeast.
er, Reporter. The Court should meet the
wants of the lawyers by publishing
each opinion when handed down in
pamphlet form, and place it on
sale with the Secretary of State. OF
course some objections may be offered to
this method, but in the absence Of some
thing better, it could be adopted and
would prove satisfactory 10 the bar Of the
State. With the siow method in yoSus
now in the publication Of the regular re-
port the printer must wait till enough
opinions have accumulated for volume,
and then the work of printing goes along
slowly, because tn Judges are absent from
the seat of government good part Of the
time. The tgepty-ninth volume, now in
the hands Of the printer, is being pushed
along as rapidly as possible, and he will
soon have the work completed and ready
for the binder.
Warth's amended Code is now in the
bands Of the binder and will be ready tor
distribution by the middle of December.
ELY Bros: have used two bottles OF
your Cream Balm for Catarrh since De
cember. A sore in my nostril-the cause
of roneh snffsrinO-has entirely healed